Product law cases may be brought forward to a court under various theories, including negligence, strict liability, and breach of warranty in San Diego. Often these legal cases result following product recalls, such as, drug recall, auto defect recall, or food recall, in which reports of serious injury have been gathered by the Consumer Product Safety Commission and/or the FDA.
Personal injury resulting from a product falls under the general category of strict liability. Strict liability refers to injury resulting from products whereby the manufacturer is held responsible because of one or more reasons, including:
The types of products that fall under the category of product liability include just about any product available in the U.S. market. This includes: pharmaceutical drugs, industrial or manufacturing component parts, construction equipment, lay products, food and drink. Personal injury resulting from products can be extremely detrimental and can extend harm to a great number of people.
The validity of a product liability case depends upon a thorough factual investigation which includes: identifying the risk of harm, the cost, feasibility of correcting the risk, and the extent to which the risk could be reasonably understood by an ordinary user of the product. In addition, there are various defenses that may be used in a product liability case, including: misuse, assumption of risk and federal preemption. Typically, expert testimony is required to establish whether a particular product was defective and unreasonably dangerous in accordance with the guidelines set forth in the Restatement (Third) of Torts. This is why it is very important to contact a personal injury attorney who can work closely with you to identify and substantiate the validity of your claim.
Over $800 billion each year is the estimated cost in the U.S. for damage resulting from consumer products. This does not include the risk from side effect of drugs or medical devices.
In fact, over the past 60 days, the following hazards and more were released to the public: Chemical Dangers, Fire Hazards, Entrapment Hazards , Choking Risk , Fall Danger , Lead Exposure Vulnerability Burn Hazard, Gas Leak and Fire Danger, Strangulation Risk , Lead Paint Violations , Property Damage Vulnerability, Explosion and Fire Danger, Emergency Call Cell Phone Hazard, Laceration Vulnerability Steering Risk, Ejection Hazard , Carbon Monoxide Danger, Drowning Hazard, and Accident Danger from Defective Tires.
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